Title 6 - PUBLIC PEACE, SAFETY AND MORALS*
Chapter 6.92 PROHIBITION OF GROWING OF GENETICALLY MODIFIED ORGANISMS
Chapter 6.92 PROHIBITION OF GROWING OF GENETICALLY MODIFIED
ORGANISMS
Sections:
6.92.010 Findings and purpose.
6.92.020 Prohibitions.
6.92.030 Exemptions.
6.92.040 Definitions.
6.92.050 Enforcement.
6.92.010 Findings and purpose.
The people of the county of Marin, desiring to protect our agricultural industry, our natural
environment, the private property rights of our citizens, and the health, safety and welfare of our people,
deem it advisable and appropriate to restrict the cultivation of genetically modified crops, livestock, and
other organisms in our county.
A.
Genetically modified life forms and products are being developed with precipitous speed, and
have been introduced into the marketplace, often without the consumers' knowledge and before
the potential risks and long term health and environmental effects of these products have been
adequately studied.
B.
Many companies and markets do not accept genetically modified food products. Further, the
irreversible danger of contaminating and thereby reducing the value of neighboring crops by
genetically engineered crops, creates a serious economic threat to farmers. Finally, the impact
on our natural environment from genetically modified organisms, including pollen drift arid
contamination (GMO pollen can be carried a long distance by migrating and commuting
pollinators), is unpredictable, uncontrollable, and has not received adequate study.
C.
The Natural Systems Element, Agriculture and Food Section, for the 2004 Marin Countywide
Plan supports sustainable agriculture and recommends a positive vision for the future of food
and farming in our county including greatly improved agricultural viability.
D.
For all of these reasons, the people of the county of Marin find and declare that the propagation,
cultivation, raising, and growing of genetically modified organisms in Marin County is a
hazardous activity which constitutes a public nuisance subject to the abatement remedies and
procedures set forth under Chapter 1.05 of this code. (Unnumbered ordinance passed by voter
approval on November 2, 2004)
6.92.020 Prohibitions.
It is unlawful for any person or entity to propagate, cultivate, raise, or grow genetically modified
organisms in Marin County, and any act in violation of this provision is declared to constitute a public
nuisance. (Unnumbered ordinance passed by voter approval on November 2, 2004)
Marin County, California, Code of Ordinances
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Title 6 - PUBLIC PEACE, SAFETY AND MORALS*
Chapter 6.92 PROHIBITION OF GROWING OF GENETICALLY MODIFIED ORGANISMS
6.92.030 Exemptions.
Nothing in this chapter shall make it unlawful for (1) state or federally licensed: medical research
institutions, medical laboratories, or medical manufacturing facilities to engage in licensed medical
production, or medical research involving genetically modified organisms provided such activities are
conducted under secure, enclosed indoor laboratory conditions, with utmost precautions to prevent
release of genetically modified organisms into the outside environment, or (2) any licensed health care
practitioner to provide any diagnosis, care or treatment to any human patient. (Unnumbered ordinance
passed by voter approval on November 2, 2004)
6.92.040 Definitions.
"Commissioner" means the agricultural commissioner of Marin County
"DNA" means deoxyribonucleic acid, the material naturally found within living cells which contains
the genetic code and transmits hereditary patterns.
"Genetic engineering" means altering or amending DNA using recombinant DNA technology such as
gene deletion, gene doubling, introducing a foreign gene, or changing the position of genes, and includes
cell fusion, microencapsulation, macroencapsulation, gene splicing, and other similar processes. Genetic
engineering does not include traditional selective breeding, conjugation, fermentation, hybridization, in
vitro fertilization, non-directed mutagenesis or tissue culture,
"Genetically modified organism" ("GMO") means an organism, or the offspring of an organism, the
DNA of which has been altered or amended through genetic engineering.
"Indoors" means within a structure meeting the Requirements of the 2001 California Building Code,
Section 304 for Group B occupancies and a minimum of "Type III" construction.
"Organism" means any living thing, exclusive of human beings and human fetuses
"Person" or "entity" means an individual, partnership, corporation, governmental agency or
organization of any kind. (Unnumbered ordinance passed by voter approval on November 2, 2004)
6.92.050 Enforcement.
A.
The Marin County agricultural commissioner is hereby designated to enforce this chapter and may
exercise such powers as may be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter.
B.
The agricultural commissioner shall notify any person, corporation, or other entity that may be in
violation of Section 6.92.020 of this chapter, that any organisms that violate this code constitute a
public nuisance, subject to confiscation, destruction or quarantine and subject to the nuisance
abatement penalties and procedures set forth under Chapter 1.05 of this code.
C.
Any person, corporation, or other entity that receives notification under subsection B of this section
shall have fifteen days to respond to such notification with evidence that such organisms are not in
violation of this code, or have been destroyed or entirely removed from Marin County.
D.
Upon receipt of any evidence under subsection C of this section, the agricultural commissioner shall
consider such evidence and any other evidence that is presented or which is relevant to a
determination of such violation. Within five days of receipt of such evidence, the agricultural
commissioner shall determine if the organisms are in violation of this code, or have been destroyed
or removed.
E.
Upon making a determination that a violation of this code exists, or if no evidence has been
submitted pursuant to subsection C of this section, upon reasonable notice, the agricultural
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Title 6 - PUBLIC PEACE, SAFETY AND MORALS*
Chapter 6.92 PROHIBITION OF GROWING OF GENETICALLY MODIFIED ORGANISMS
commissioner shall thereafter promptly take all actions necessary to ensure that such organisms do
not cause genetic contamination or other harm, including but not limited to the following:
confiscation, destruction or quarantine. Such action shall be undertaken during daylight hours.
F.
Either the party effected by the enforcement or the agricultural commissioner may thereafter request
a hearing provided such request is made in writing within thirty days thereafter. The hearing shall be
held in accordance with the nuisance abatement procedures under Chapter 1.05 of this code.
Violation of Section 6.92.020 of this chapter is not entitled to the privileges and immunities set forth
under Section 23.03.040 of this code exempting pre-existing agricultural activity from nuisance
abatement.
G.
Any person or persons knowingly and willfully responsible for a violation of this chapter may be held
responsible for administrative and abatement costs. Costs of enforcement shall not be imposed upon
any person whose violation is not knowing and willful, nor shall costs be imposed for enforcement for
crops planted or animals possessed in the county prior to the effective date of this chapter. The
county agricultural commissioner shall submit an annual report to the Marin County board of
supervisors which describes all complaints received and enforcement actions taken under this
chapter.
H.
The provisions of this chapter are cumulative, and nothing in this chapter affects any other remedies
any individual or government entity may have against any person resulting from a violation of this
chapter. (Unnumbered ordinance passed by voter approval on November 2, 2004)
Marin County, California, Code of Ordinances
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